A Practitioner's Guide to Attacking A DWI In North Carolina

Posted on June 14, 2019 in Uncategorized


The NCDD has provided great tools to DWI practitioners for becoming knowledgeable on defending clients charged with Driving While Impaired. I have used the NCDD's wealth of online materials countless times in preparing for DWI trials.

The valuable information provided by NCDD has helped me strive to improve my knowledge of how DWI investigations are performed (or, more appropriately, how they should be performed), the laws surrounding DWI investigations, using and challenging experts in DWI cases, issues related to chemical testing, and much more.

In the spirit of shared resources, our firm has created a beginners guide for North Carolina attorneys on defending DWI cases. The guide offers tutorials on attacking checkpoints, challenging cases based on lack reasonable suspicion to stop and probable cause to arrest, excluding HGN testimony, understanding the Walk and Turn and One Leg Stand, fighting the admissibility of of blood and breath testing, explaining the requirements of willful refusal, and post arrest procedural challenges related to violations of release and inability to communicate with witnesses.

I have always found that with NCDD members the approach has been "two heads are better than one." Any time I have called a fellow NCDD member with questions on a case, there has always been an open ear and great advice. It is my hope that this guide will be one way I can give back for all of the useful information and help that I have received from my NCDD colleagues. To help improve this resource any feedback would be greatly appreciated.

James Minick defends DWI cases in Asheville, NC.

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